41248 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Chs. I–III 

23 CFR Chs. I–III 

33 CFR Chs. I and IV 

46 CFR Chs. I–III 

48 CFR Ch. 12 

49 CFR Subtitle A, Chs. I–VI, and Chs. 

X–XII 

[DOT–OST–1999–5129] 

Department Regulatory and 

Deregulatory Agenda; Semiannual 

Summary 

AGENCY: Office of the Secretary, DOT. 

ACTION: Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

(Regulatory Agenda). 

SUMMARY: The Regulatory and 

Deregulatory Agenda is a semiannual 

summary of all current and projected 

rulemakings, reviews of existing 

regulations, and completed actions of 

the Department. The intent of the 

Agenda is to provide the public with 

information about the Department of 

Transportation’s regulatory activity 

planned for the next 12 months. It is 

expected that this information will 

enable the public to participate more 

effectively in the Department’s 

regulatory process. The public is also 

invited to submit comments on any 

aspect of this Agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

You should direct all comments and 

inquiries on the Agenda in general to 

Daniel Cohen, Assistant General 

Counsel for Regulation, Office of 

General Counsel, Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

(202) 366–4702. 

Specific 

You should direct all comments and 

inquiries on items in the Agenda to the 

individual listed for the regulation or 

the general rulemaking contact person 

for the operating administration in 

appendix B. 

Table of Contents 

Supplementary Information 

Background 

Significant/Priority Rulemakings 

Explanation of Information on the Agenda 

Request for Comments 

Purpose 

Appendix A—Instructions for Obtaining 

Copies of Regulatory Documents 

Appendix B—General Rulemaking Contact 

Persons 

Appendix C—Public Rulemaking Dockets 

Appendix D—Review Plans for Section 610 

and Other Requirements 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Department of 

Transportation (Department or DOT) 

issues regulations for the primary 

purpose of ensuring the United States 

transportation system is the safest and 

most efficient in the world. In designing 

these regulations, the Department seeks 

to address the urgent challenges facing 

the Nation. These challenges include 

the coronavirus disease 2019 (COVID– 

19) pandemic, economic recovery, racial 

justice, and climate change. 

To help the Department achieve its 

goals and in accordance with Executive 

Order (E.O.) 12866, ‘‘Regulatory 

Planning and Review,’’ (58 FR 51735; 

Oct. 4, 1993), the Department prepares 

a semiannual Agenda. The Agenda 

summarizes all current and projected 

rulemakings, reviews of existing 

regulations, and completed actions of 

the Department. These are matters on 

which action has begun or is projected 

to begin during the next 12 months or 

for which action has been completed 

since the publication of the last Agenda 

in December 2020. 

In addition, this Agenda was prepared 

in accordance with two executive orders 

issued by the President, which direct 

agencies to utilize all available 

regulatory tools to address current 

national challenges. On January 20, 

2021, the President signed Executive 

Order 13992, Revocation of Certain 

Executive Orders Concerning Federal 

Regulation. This Executive Order directs 

Federal agencies to promptly take steps 

to rescind any orders, rules, regulations, 

guidelines, or policies that would 

hamper the agencies’ flexibility to use 

robust regulatory action to address 

national priorities. On January 20, the 

President also issued Executive Order 

13990, Protecting Public Health and the 

Environment and Restoring Science to 

Tackle the Climate Crisis. This 

Executive Order directs Federal 

agencies to review all regulatory actions 

issued in the previous Administration 

and revise or rescind any of those 

actions that do not adequately respond 

to climate change, protect the 

environment, advance environmental 

justice, or improve public health. 

Section 2(ii) of the Executive Order 

specifically requires the Department of 

Transportation to review by April 2021 

‘‘The Safer Affordable Fuel-Efficient 

(SAFE) Vehicles Rule Part One: One 

National Program,’’ 84 FR 51310 

(September 27, 2019). This section of 

the Executive Order also requires the 

Department to review by July 2021 ‘‘The 

Safer Affordable Fuel-Efficient (SAFE) 

Vehicles Rule for Model Years 2021– 

2026 Passenger Cars and Light Trucks,’’ 

85 FR 24174 (April 30, 2020). The 

Secretary of Transportation has also 

directed NHTSA to review these fuel 

economy rules. 

In response to these Executive Orders, 

the Department is currently revising 

regulations and orders governing its 

regulatory process to ensure that it has 

the maximum flexibility necessary to 

quickly respond to the urgent challenges 

facing our Nation. The Department is 

also in the process of reviewing the fuel 

economy rules identified in Executive 

Order 13990, and as directed by the 

Secretary, anticipates moving 

expeditiously to revise the rules to 

ensure that our vehicle emission 

standards fully respond to climate 

change, as well as protect the 

environment and public health. In 

addition to the fuel economy rules, the 

Department is also reviewing all rules to 

see whether they need to be revised or 

rescinded to address the issues 

identified in Executive Order 13990. 

In addition to the pressing national 

concerns discussed above, the 

Department’s regulatory activities are 

directed toward the fundamental 

principle of protecting public safety. 

Safety is our highest priority; the 

Department remains focused on 

managing safety risks and ensuring that 

the United States has the safest 

transportation system in the world. Our 

planned regulatory actions reflect a 

careful balance that emphasizes the 

Department’s robust response to the 

challenges facing our Nation while at 

the same time maintaining a safe, 

reliable, and sustainable transportation 

system that boosts prosperity and 

enhances the quality of life of all 

Americans. 

The Department is also providing 

rapid response and emergency review of 

legal and operational challenges 

presented by COVID–19 within the 

transportation network. Since the 

beginning of this Administration, our 

efforts have focused on ensuring 

compliance with the mask requirements 

issued by the Centers for Disease 

Control and Prevention and the 

Transportation Security Administration. 

These requirements will help reduce the 

spread of the COVID–19 disease within 

the transportation sector and among the 

traveling public. DOT is also addressing 

regulatory compliance made 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41249 

impracticable by the COVID–19 public 

health emergency due to office closures, 

personnel shortages, and other 

restrictions. 

Explanation of Information in the 

Agenda 

An Office of Management and Budget 

memorandum, dated February 17, 2021, 

establishes the format for this Agenda. 

First, the Agenda is divided by 

initiating offices. Then the Agenda is 

divided into five categories: (1) Prerule 

stage; (2) proposed rule stage; (3) final 

rule stage; (4) long-term actions; and (5) 

completed actions. For each entry, the 

Agenda provides the following 

information: (1) Its ‘‘significance’’; (2) a 

short, descriptive title; (3) its legal basis; 

(4) the related regulatory citation in the 

Code of Federal Regulations; (5) any 

legal deadline and, if so, for what action 

(e.g., NPRM, final rule); (6) an abstract; 

(7) a timetable, including the earliest 

expected date for when a rulemaking 

document may publish; (8) whether the 

rulemaking will affect small entities 

and/or levels of Government and, if so, 

which categories; (9) whether a 

Regulatory Flexibility Act (RFA) 

analysis is required (for rules that would 

have a significant economic impact on 

a substantial number of small entities); 

(10) a listing of any analyses an office 

will prepare or has prepared for the 

action (with minor exceptions, DOT 

requires an economic analysis for all its 

rulemakings); (11) an agency contact 

office or official who can provide 

further information; (12) a Regulation 

Identifier Number (RIN) assigned to 

identify an individual rulemaking in the 

Agenda and facilitate tracing further 

action on the issue; (13) whether the 

action is subject to the Unfunded 

Mandates Reform Act; (14) whether the 

action is subject to the Energy Act; and 

(15) whether the action is major under 

the congressional review provisions of 

the Small Business Regulatory 

Enforcement Fairness Act. 

For nonsignificant regulations issued 

routinely and frequently as a part of an 

established body of technical 

requirements (such as the Federal 

Aviation Administration’s Airspace 

Rules), to keep those requirements 

operationally current, we only include 

the general category of the regulations, 

the identity of a contact office or 

official, and an indication of the 

expected number of regulations; we do 

not list individual regulations. 

In the ‘‘Timetable’’ column, we use 

abbreviations to indicate the documents 

being considered. ANPRM stands for 

Advance Notice of Proposed 

Rulemaking, SNPRM for Supplemental 

Notice of Proposed Rulemaking, and 

NPRM for Notice of Proposed 

Rulemaking. Listing a future date in this 

column does not mean we have decided 

to issue a document; it is the earliest 

date on which a rulemaking document 

may publish. In addition, these dates are 

based on current schedules. Information 

received after the issuance of this 

Agenda could result in a decision not to 

take regulatory action or in changes to 

proposed publication dates. For 

example, the need for further evaluation 

could result in a later publication date; 

evidence of a greater need for the 

regulation could result in an earlier 

publication date. 

Finally, a dot (•) preceding an entry 

indicates that the entry appears in the 

Agenda for the first time. 

The internet is the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. However, a portion of 

the Agenda is published in the Federal 

Register because the Regulatory 

Flexibility Act (5 U.S.C. 602) mandates 

publication for the regulatory flexibility 

agenda. Accordingly, DOT’s printed 

Agenda entries include only: 

1. The agency’s Agenda preamble; 

2. Rules that are in the agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

3. Any rules that the agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. These elements 

are: Sequence Number; Title; Section 

610 Review, if applicable; Legal 

Authority; Abstract; Timetable; 

Regulatory Flexibility Analysis 

Required; Agency Contact; and 

Regulation Identifier Number (RIN). 

Additional information (for detailed list, 

see section heading ‘‘Explanation of 

Information on the Agenda’’) on these 

entries is available in the Unified 

Agenda published on the internet. 

Request for Comments 

General 

DOT’s Agenda is intended primarily 

for the use of the public. Since its 

inception, the Department has made 

modifications and refinements that 

provide the public with more helpful 

information, as well as making the 

Agenda easier to use. We would like 

you, the public, to make suggestions or 

comments on how the Agenda could be 

further improved. 

Regulatory Flexibility Act 

The Department is interested in 

obtaining information on requirements 

that have a ‘‘significant economic 

impact on a substantial number of small 

entities’’ and, therefore, must be 

reviewed under the Regulatory 

Flexibility Act. If you have any 

suggested regulations, please submit 

them to the Department, along with 

your explanation of why they should be 

reviewed. 

In accordance with the Regulatory 

Flexibility Act, comments are 

specifically invited on regulations that 

we have targeted for review under 

section 610 of the Act. The phrase (sec. 

610 Review) appears at the end of the 

title for these reviews. Please see 

appendix D for the Department’s section 

610 review plans. 

Consultation With State, Local, and 

Tribal Governments 

Executive Orders 13132 and 13175 

require the Department to develop an 

account process to ensure ‘‘meaningful 

and timely input’’ by State, local, and 

tribal officials in the development of 

regulatory policies that have federalism 

or tribal implications. These policies are 

defined in the Executive orders to 

include regulations that have 

‘‘substantial direct effects’’ on States or 

Indian tribes, on the relationship 

between the Federal Government and 

them, or on the distribution of power 

and responsibilities between the Federal 

Government and various levels of 

Government or Indian tribes. Therefore, 

we encourage State and local 

Governments or Indian tribes to provide 

us with information about how the 

Department’s rulemakings impact them. 

Purpose 

The Department is publishing this 

regulatory Agenda in the Federal 

Register to share with interested 

members of the public the Department’s 

preliminary expectations regarding its 

future regulatory actions. This should 

enable the public to be more aware of 

the Department’s regulatory activity and 

should result in more effective public 

participation. This publication in the 

Federal Register does not impose any 

binding obligation on the Department or 

any of the offices within the Department 

about any specific item on the Agenda. 

Regulatory action, in addition to the 

items listed, is not precluded. 


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41250 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

Dated: March 17, 2021. 

Peter Paul Montgomery Buttigieg, 

Secretary of Transportation. 

Appendix A—Instructions for 

Obtaining Copies of Regulatory 

Documents 

To obtain a copy of a specific regulatory 

document in the Agenda, you should 

communicate directly with the contact 

person listed with the regulation at the 

address below. We note that most, if not all, 

such documents, including the Semiannual 

Regulatory Agenda, are available through the 

internet at http://www.regulations.gov. See 

appendix C for more information. 

Appendix B—General Rulemaking 

Contact Persons 

The following is a list of persons who can 

be contacted within the Department for 

general information concerning the 

rulemaking process within the various 

operating administrations. 

FAA—Brandon Roberts, Executive 

Director, Office of Rulemaking, 800 

Independence Avenue SW, Washington, DC 

20591; telephone (202) 267–9677. 

FHWA—Jennifer Outhouse, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 366– 

0761. 

FMCSA—Steven J. LaFreniere, Regulatory 

Ombudsman, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 366– 

0596. 

NHTSA—Dee Fujita, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 366– 

2992. 

FRA—Amanda Maizel, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 493– 

8014. 

FTA—Chaya Koffman, Office of Chief 

Counsel, 1200 New Jersey Avenue E, 

Washington, DC 20590; telephone (202) 366– 

3101. 

GLS—Carrie Mann Lavigne, Chief Counsel, 

180 Andrews Street, Massena, NY 13662; 

telephone (315) 764–3200. 

PHMSA—Robert Ross, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 768– 

1365. 

MARAD—Gabriel Chavez, Office of Chief 

Counsel, Maritime Administration, 1200 New 

Jersey Avenue SE, Washington, DC 20590; 

telephone (202) 366–2621. 

OST—Daniel Cohen, Assistant General 

Counsel for Regulation, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

telephone (202) 366–4723. 

Appendix C—Public Rulemaking 

Dockets 

All comments submitted via the internet 

are submitted through the Federal Docket 

Management System (FDMS) at the following 

address: http://www.regulations.gov. The 

FDMS allows the public to search, view, 

download, and comment on all Federal 

agency rulemaking documents in one central 

online system. The above referenced internet 

address also allows the public to sign up to 

receive notification when certain documents 

are placed in the dockets. 

The public also may review regulatory 

dockets at or deliver comments on proposed 

rulemakings to the Dockets Office at 1200 

New Jersey Avenue SE, Room W12–140, 

Washington, DC 20590, 1–800–647–5527. 

Working Hours: 9:00 a.m. to 5:00 p.m. 

Appendix D—Review Plans for Section 

610 and Other Requirements 

Part I—The Plan 

General 

The Department of Transportation has long 

recognized the importance of regularly 

reviewing its existing regulations to 

determine whether they need to be revised or 

revoked. Our Regulatory Policies and 

Procedures require such reviews. DOT also 

has responsibilities under Executive Order 

12866, ‘‘Regulatory Planning and Review,’’ 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 76 FR 

3821 (January 18, 2011), and section 610 of 

the Regulatory Flexibility Act to conduct 

such reviews. We are committed to 

continuing our reviews of existing rules and, 

if it is needed, will initiate rulemaking 

actions based on these reviews. The 

Department began a new 10-year review 

cycle with the Fall 2018 Agenda. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that: (1) Have been 

published within the last 10 years; and (2) 

have a ‘‘significant economic impact on a 

substantial number of small entities’’ 

(SEISNOSE). It also requires that we publish 

in the Federal Register each year a list of any 

such rules that we will review during the 

next year. The Office of the Secretary and 

each of the Department’s Operating 

Administrations have a 10-year review plan. 

These reviews comply with section 610 of 

the Regulatory Flexibility Act. 

Changes to the Review Plan 

Some reviews may be conducted earlier 

than scheduled. For example, to the extent 

resources permit, the plain language reviews 

will be conducted more quickly. Other 

events, such as accidents, may result in the 

need to conduct earlier reviews of some 

rules. Other factors may also result in the 

need to make changes; for example, we may 

make changes in response to public comment 

on this plan or in response to a presidentially 

mandated review. If there is any change to 

the review plan, we will note the change in 

the following Agenda. For any section 610 

review, we will provide the required notice 

prior to the review. 

Part II—The Review Process 

The Analysis 

Generally, the agencies have divided their 

rules into 10 different groups and plan to 

analyze one group each year. For purposes of 

these reviews, a year will coincide with the 

fall-to-fall schedule for publication of the 

Agenda. Most agencies provide historical 

information about the reviews that have 

occurred over the past 10 years. Thus, Year 

1 (2018) begins in the fall of 2018 and ends 

in the fall of 2019; Year 2 (2019) begins in 

the fall of 2019 and ends in the fall of 2020, 

and so on. The exception to this general rule 

is the FAA, which provides information 

about the reviews it completed for this year 

and prospective information about the 

reviews it intends to complete in the next 10 

years. Thus, for FAA Year 1 (2017) begins in 

the fall of 2017 and ends in the fall of 2018; 

Year 2 (2018) begins in the fall of 2018 and 

ends in the fall of 2019, and so on. We 

request public comment on the timing of the 

reviews. For example, is there a reason for 

scheduling an analysis and review for a 

particular rule earlier than we have? Any 

comments concerning the plan or analyses 

should be submitted to the regulatory 

contacts listed in appendix B, General 

Rulemaking Contact Persons. 

Section 610 Review 

The agency will analyze each of the rules 

in each year’s group to determine whether 

any rule has a SEISNOSE and, thus, requires 

review in accordance with section 610 of the 

Regulatory Flexibility Act. The level of 

analysis will, of course, depend on the nature 

of the rule and its applicability. Publication 

of agencies’ section 610 analyses listed each 

fall in this Agenda provides the public with 

notice and an opportunity to comment 

consistent with the requirements of the 

Regulatory Flexibility Act. We request that 

public comments be submitted to the 

Department early in the analysis year 

concerning the small entity impact of the 

rules to help us in making our 

determinations. 

In each Fall Agenda, the agency will 

publish the results of the analyses it has 

completed during the previous year. For 

rules that had a negative finding on 

SEISNOSE, we will give a short explanation 

(e.g., ‘‘these rules only establish petition 

processes that have no cost impact’’ or ‘‘these 

rules do not apply to any small entities’’). For 

parts, subparts, or other discrete sections of 

rules that do have a SEISNOSE, we will 

announce that we will be conducting a 

formal section 610 review during the 

following 12 months. At this stage, DOT will 

add an entry to the Agenda in the prerulemaking section describing the review in 

more detail. We also will seek public 

comment on how best to lessen the impact 

of these rules and provide a name or docket 

to which public comments can be submitted. 

In some cases, the section 610 review may be 

part of another unrelated review of the rule. 

In such a case, we plan to clearly indicate 

which parts of the review are being 

conducted under section 610. 

Other Reviews 

The agency will also examine the specified 

rules to determine whether any other reasons 

exist for revising or revoking the rule or for 

rewriting the rule in plain language. In each 

Fall Agenda, the agency will also publish 

information on the results of the 

examinations completed during the previous 

year. 


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Part III—List of Pending Section 610 

Reviews 

The Agenda identifies the pending DOT 

section 610 Reviews by inserting ‘‘(Section 

610 Review)’’ after the title for the specific 

entry. For further information on the pending 

reviews, see the Agenda entries at 

www.reginfo.gov. For example, to obtain a list 

of all entries that are in section 610 Reviews 

under the Regulatory Flexibility Act, a user 

would select the desired responses on the 

search screen (by selecting ‘‘advanced 

search’’) and, in effect, generate the desired 

‘‘index’’ of reviews. 

Office of the Secretary 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 91 through 99 ....................................................................................................

14 CFR parts 200 through 212 ................................................................................................

48 CFR parts 1201 through 1224 ............................................................................................

2018 2019 

2 ........................ 48 CFR parts 1227 through 1253 and new parts and subparts .............................................. 2019 2020 

3 ........................ 14 CFR parts 213 through 232 ................................................................................................ 2020 2021 

4 ........................ 14 CFR parts 234 through 254 ................................................................................................ 2021 2022 

5 ........................ 14 CFR parts 255 through 298 and 49 CFR part 40 ............................................................... 2022 2023 

6 ........................ 14 CFR parts 300 through 373 ................................................................................................ 2023 2024 

7 ........................ 14 CFR parts 374 through 398 ................................................................................................ 2024 2025 

8 ........................ 14 CFR part 399 and 49 CFR parts 1 through 15 ................................................................... 2025 2026 

9 ........................ 49 CFR parts 17 through 28 .................................................................................................... 2026 2027 

10 ...................... 49 CFR parts 29 through 39 and parts 41 through 89 ............................................................ 2027 2028 

Year 1 (Fall 2018) List of Rules That Are 

Under Ongoing Analysis 

49 CFR part 91—International Air 

Transportation Fair Competitive 

Practices 

49 CFR part 92—Recovering Debts to the 

United States by Salary Offset 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The agency is aware of 

several outdated references to 

operating administrations within 

the Department that need to be 

updated. OST’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 93—Aircraft Allocation 

49 CFR part 98—Enforcement of 

Restrictions on Post-Employment 

Activities 

49 CFR part 99—Employee 

Responsibilities and Conduct 

14 CFR part 200—Definitions and 

Instructions 

14 CFR part 201—Air Carrier Authority 

under Subtitle VII of Title 49 of the 

United States Code [Amended] 

14 CFR part 203—Waiver of Warsaw 

Convention Liability Limits and 

Defenses 

14 CFR part 204—Data to Support 

Fitness Determinations 

14 CFR part 205—Aircraft Accident 

Liability Insurance 

14 CFR part 206—Certificates of Public 

Convenience and Necessity: Special 

Authorizations and Exemptions 

14 CFR part 207—Charter Trips by U.S. 

Scheduled Air Carriers 

14 CFR part 208—Charter Trips by U.S. 

Charter Air Carriers 

14 CFR part 211—Applications for 

Permits to Foreign Air Carriers 

14 CFR part 212—Charter Rules for U.S. 

and Foreign Direct Air Carriers 

48 CFR part 1201—Federal Acquisition 

Regulations System 

48 CFR part 1202—Definitions of Words 

and Terms 

48 CFR part 1203—Improper Business 

Practices and Personal Conflicts of 

Interest 

48 CFR part 1204—Administrative 

Matters 

48 CFR part 1205—Publicizing Contract 

Actions 

48 CFR part 1206—Competition 

Requirements 

48 CFR part 1207—Acquisition 

Planning 

48 CFR part 1208–1210—[Reserved] 

48 CFR part 1211—Describing Agency 

Needs 

48 CFR part 1212— [Reserved] 

48 CFR part 1213—Simplified 

Acquisition Procedures 

48 CFR part 1214—Sealed Bidding 

48 CFR part 1215—Contracting by 

Negotiation 

48 CFR part 1216—Types of Contracts 

48 CFR part 1217—Special Contracting 

Methods 

48 CFR part 1218—[Reserved] 

48 CFR part 1219—Small Business 

Programs 

48 CFR part 1220–1221—[Reserved] 

48 CFR part 1222—Application of Labor 

Laws to Government Acquisitions 

48 CFR part 1223—Environment, Energy 

and Water Efficiency, Renewable 

Energy Technologies, Occupational 

Safety, and Drug-Free Workplace 

48 CFR part 1224—Protection of Privacy 

and Freedom of Information 

Year 2 (Fall 2019) List of Rules 

Analyzed and Summary of Results 

48 CFR parts 1227 through 1253 and 

new parts and subparts 

48 CFR part 1227—Patents, Data, and 

Copyrights 

48 CFR part 1228—Bonds and Insurance 

48 CFR part 1231—Contract Costs 

Principles and Procedures 

48 CFR part 1232—Contract Financing 

48 CFR part 1233—Protests, Disputes, 

and Appeals 

48 CFR part 1235—Research and 

Development Contracting 

48 CFR part 1236—Construction and 

Architect-Engineer Contracts 

48 CFR part 1237—Service Contracting 

48 CFR part 1239—Acquisition of 

Information Technology 

48 CFR part 1242—Contract 

Administration and Audit Services 

48 CFR part 1245—Government 

Contracting 

48 CFR part 1246—Quality Assurance 

48 CFR part 1247—Transportation 

48 CFR part 1252—Solicitation 

Provisions and Contract Clauses 

48 CFR part 1253—Forms 

DOT has determined that updates 

need to be made to the regulations 

identified under Year 2. The regulations 

will be updated as part of RIN 2105– 

AE26 (Revisions to the Transportation 

Acquisition Regulations). 

Federal Aviation Administration 

Section 610 and Other Reviews 

The Federal Aviation Administration 

(FAA) has elected to use the two-step, 

two-year process used by most 

Department of Transportation (DOT) 

modes in past plans. As such, the FAA 

has divided its rules into 10 groups as 

displayed in the table below. During the 

first year (the ‘‘analysis year’’), all rules 

published during the previous 10 years 

within a 10% block of the regulations 

will be analyzed to identify those with 

a significant economic impact on a 

substantial number of small entities 

(SEISNOSE). During the second year 

(the ‘‘review year’’), each rule identified 

in the analysis year as having a 

SEISNOSE will be reviewed in 

accordance with section 610(b) to 

determine if it should be continued 


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41252 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

without change or changed to minimize 

impact on small entities. Results of 

those reviews will be published in the 

DOT Semiannual Regulatory Agenda. 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 .................................................... 2020 2021 

2 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .......................................................... 2021 2022 

3 ........................ 14 CFR parts 17 through 33 .................................................................................................... 2022 2023 

4 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ........................................................ 2023 2024 

5 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ........................................................ 2024 2025 

6 ........................ 14 CFR parts 60 through 77 .................................................................................................... 2025 2026 

7 ........................ 14 CFR parts 91 through 107 .................................................................................................. 2026 2027 

8 ........................ 14 CFR parts 417 through 460 ................................................................................................ 2027 2028 

9 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 .................................................... 2028 2029 

10 ...................... 14 CFR parts 133 through 139 and parts 157 through 169 .................................................... 2029 2030 

Defining SEISNOSE for FAA 

Regulations 

The RFA does not define ‘‘significant 

economic impact.’’ Therefore, there is 

no clear rule or number to determine 

when a significant economic impact 

occurs. However, the Small Business 

Administration (SBA) states that 

significance should be determined by 

considering the size of the business, the 

size of the competitor’s business and the 

impact the same regulation has on larger 

competitors. 

Likewise, the RFA does not define 

‘‘substantial number.’’ However, the 

legislative history of the RFA suggests 

that a substantial number must be at 

least one but does not need to be an 

overwhelming percentage such as more 

than half. The SBA states that the 

substantiality of the number of small 

businesses affected should be 

determined on an industry-specific 

basis. 

This analysis consisted of the 

following three steps: 

1. Review of the number of small 

entities affected by the amendments to 

parts 141 through 147 and parts 170 

through 187. 

2. Identification and analysis of all 

amendments to parts 141 through 147 

and parts 170 through 187 since July 

2010 to determine whether any still 

have or now have a SEISNOSE. 

3. Review of the FAA’s regulatory 

flexibility assessment of each 

amendment performed as required by 

the RFA. 

Year 2—List of Rules To Be Analyzed 

Next Year (2021) 

14 CFR part 1—Definitions and 

abbreviations 

14 CFR part 3—General requirements 

14 CFR part 11—General rulemaking 

procedures 

14 CFR part 13—Investigative and 

enforcement procedures 

14 CFR part 14 —Rules implementing 

the Equal Access to Justice Act of 

1980 

14 CFR part 15—Administrative claims 

under Federal Tort Claims Act 

14 CFR part 16—Rules of practice for 

Federally-assisted airport 

enforcement proceedings 

14 CFR part 189—Use of Federal 

Aviation Administration 

communications system 

14 CFR part 193—Protection of 

voluntarily submitted information 

14 CFR part 198—Aviation insurance 

Year 1—List of Rules To Be Analyzed 

This Year (2020) 

14 CFR part 141—Pilot Schools 

14 CFR part 142—Training Centers 

14 CFR part 143—Reserved 

14 CFR part 144—Does not exist 

14 CFR part 145—Repair Stations 

14 CFR part 146—Does not exist 

14 CFR part 147—Aviation Maintenance 

Technician Schools 

14 CFR part 170—Establishment and 

Discontinuance Criteria for Air 

Traffic Control Services and 

Navigational Facilities 

14 CFR part 171—Non-Federal 

Navigation Facilities 

14 CFR part 172—through 182 Does not 

exist 

14 CFR part 183—Representatives of the 

Administrator 

14 CFR part 184—Does not exist 

Year 1 (2020) List of Rules Analyzed 

and Summary of Results 

14 CFR Part 141—Pilot Schools 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

14 CFR Part 142—Training Centers 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

14 CFR Part 145—Repair Stations 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

14 CFR Part 147—Aviation Maintenance 

Technician Schools 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

14 CFR Part 170—Establishment and 

Discontinuance Criteria for Air Traffic 

Control Services and Navigational 

Facilities 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

14 CFR Part 171: Non-Federal 

Navigational Facilities 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no amendments to 14 CFR 185 

since July 2010. Thus, no SEISNOSE 

exists in this part. 

General: No changes are needed. 

14 CFR Part 183: Representatives of the 

Administrator 

Section 610: The agency conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

14 CFR Part 185: Testimony by 

Employees and Production of Records 

in Legal Proceedings, and Service of 

Legal Process and Pleadings 

Section 610: The agency conducted a 

section 610 review of this part and 

found no amendments to 14 CFR 185 

since July 2010. Thus, no SEISNOSE 

exists in this part. 

General: No changes are needed. 

14 CFR Part 187: Fees 

Section 610: The agency conducted a 

section 610 review of this part and 

found no SEISNOSE. 

General: No changes are needed. 

Federal Highway Administration 

Section 610 and Other Reviews 


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Year Regulations to be reviewed Analysis year Review year 

1 ........................ None ......................................................................................................................................... 2018 2019 

2 ........................ 23 CFR parts 1 to 260 .............................................................................................................. 2019 2020 

3 ........................ 23 CFR parts 420 to 470 .......................................................................................................... 2020 2021 

4 ........................ 23 CFR part 500 ....................................................................................................................... 2021 2022 

5 ........................ 23 CFR parts 620 to 637 .......................................................................................................... 2022 2023 

6 ........................ 23 CFR parts 645 to 669 .......................................................................................................... 2023 2024 

7 ........................ 23 CFR parts 710 to 924 .......................................................................................................... 2024 2025 

8 ........................ 23 CFR parts 940 to 973 .......................................................................................................... 2025 2026 

9 ........................ 23 CFR parts 1200 to 1252 ...................................................................................................... 2026 2027 

10 ...................... New parts and subparts ........................................................................................................... 2027 2028 

Federal-Aid Highway Program 

The Federal Highway Administration 

(FHWA) has adopted regulations in title 

23 of the CFR, chapter I, related to the 

Federal-Aid Highway Program. These 

regulations implement and carry out the 

provisions of Federal law relating to the 

administration of Federal aid for 

highways. The primary law authorizing 

Federal aid for highways is chapter I of 

title 23 of the U.S.C. 145, which 

expressly provides for a federally 

assisted State program. For this reason, 

the regulations adopted by the FHWA in 

title 23 of the CFR primarily relate to the 

requirements that States must meet to 

receive Federal funds for construction 

and other work related to highways. 

Because the regulations in title 23 

primarily relate to States, which are not 

defined as small entities under the 

Regulatory Flexibility Act, the FHWA 

believes that its regulations in title 23 

do not have a significant economic 

impact on a substantial number of small 

entities. The FHWA solicits public 

comment on this preliminary 

conclusion. 

Year 2 (Fall 2019) List of Rules That 

Will Be Analyzed During the Next Year 

and a Summary of Results 

23 CFR Part 1—General 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

23 CFR Part 140—Reimbursement 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

23 CFR Part 172—Procurement, 

Management, and Administration of 

Engineering and Design Related 

Services 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

23 CFR Part 180—Credit Assistance for 

Surface Transportation Projects 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

23 CFR Part 190—Incentive Payments 

for Controlling Outdoor Advertising on 

the Interstate System 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

23 CFR Part 192—Drug Offender’s 

Driver’s License Suspension 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: FHWA is updating these 

regulations under RIN 2125–AF93 to 

increase are cost effectiveness and 

reduce burden. FHWA’s plain language 

review of these rules indicates no need 

for substantial revision. 

23 CFR Part 200—Title VI Program and 

Related Statutes—Implementation and 

Review Procedures 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed for 

purposes of the Regulatory Flexibility 

Act. These regulations are cost effective 

and impose the least burden. FHWA’s 

plain language review of these rules 

indicates no need for substantial 

revision for purposes of the Regulatory 

Flexibility Act. 

23 CFR Part 230—External Programs 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: FHWA is updating these 

subpart C of these regulations under RIN 

2125–AF87 to reduce duplicative 

burdens. FHWA’s plain language review 

of these rules indicates no need for 

substantial revision. 

23 CFR Part 260—Education and 

Training Programs 

• Section 610: No SEISNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

Year 3 (Fall 2020) List of Rules That 

Will Be Analyzed During the Next Year 

23 CFR part 420—Planning and research 

program administration 

23 CFR part 450—Planning assistance 

and standards 

23 CFR part 460—Public road mileage 

for apportionment of highway 

safety funds 

23 CFR part 470—Highway systems 

Federal Motor Carrier Safety 

Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR part 386 ....................................................................................................................... 2018 2019 

2 ........................ 49 CFR part 385 ....................................................................................................................... 2019 2020 

3 ........................ 49 CFR parts 382 and 383 ....................................................................................................... 2020 2021 

4 ........................ 49 CFR part 380 ....................................................................................................................... 2021 2022 


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Year Regulations to be reviewed Analysis year Review year 

5 ........................ 49 CFR part 387 ....................................................................................................................... 2022 2023 

6 ........................ 49 CFR part 398 ....................................................................................................................... 2023 2024 

7 ........................ 49 CFR part 392 ....................................................................................................................... 2024 2025 

8 ........................ 49 CFR part 375 ....................................................................................................................... 2025 2026 

9 ........................ 49 CFR part 367 ....................................................................................................................... 2026 2027 

10 ...................... 49 CFR part 395 ....................................................................................................................... 2027 2028 

Year 2 (2019) List of Rules With 

Ongoing Analysis 

49 CFR Part 386—Rules of Practice for 

Motor Carrier, Intermodal Equipment 

Provider, Broker, Freight Forwarder, 

and Hazardous Materials Proceedings 

• Section 610: FMCSA analyzed 49 

CFR part 386 and found no 

SEIOSNOSE. 49 CFR part 386 is a 

permissive set of rules that establish 

procedures for respondents, petitioners, 

and others seeking relief from a 

determination of non-compliance with 

Federal Motor Carrier Safety 

Regulations or Hazardous Materials 

Regulations. The rule also provides 

recourse for commercial drivers to 

report employer harassment or coercion 

to violate rules. 

• General: There is no need for 

substantial revision. These regulations 

provide necessary/clear guidance to 

industry and drivers. The regulations 

are written consistent with plain 

language guidelines, are cost effective, 

and impose the least economic burden 

to industry. 

49 CFR Part 385—Safety Fitness 

Procedures 

• Section 610: FMCSA analyzed 49 

CFR part 385 and found no 

SEIOSNOSE. 49 CFR part 385 provides 

guidance on safety fitness procedures 

including monitoring, new entrants, 

intermodal equipment, and hazardous 

materials safety permits. The rule 

addresses safety initiatives whose cost 

are required by 49 CFR parts 360, 367, 

387, and 390. These rules do not result 

in a SEISNOSE, because they do not 

introduce new costs to small carriers. 

• General: There is no need for 

substantial revision as these regulations 

provide necessary guidance to the 

industry. The regulations are written 

consistent with plain language 

guidelines and impose the least 

economic burden to industry. 

Year 3 (2020) List of Rules That Will Be 

Analyzed During the Next Year 

49 CFR part 382—Controlled Substances 

and Alcohol Use and Testing 

49 CFR part 383—Commercial Driver’s 

License Standards; Requirements 

and Penalties 

National Highway Traffic Safety 

Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 571.223 through 571.500, and parts 575 and 579 ........................................... 2018 2019 

2 ........................ 23 CFR parts 1200 and 1300 ................................................................................................... 2019 2020 

3 ........................ 49 CFR parts 501 through 526 and 571.213 ........................................................................... 2020 2021 

4 ........................ 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 .......................................... 2021 2022 

5 ........................ 49 CFR parts 571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 ........ 2022 2023 

6 ........................ 49 CFR parts 571.141, 529 through 578, except parts 571 and 575 ...................................... 2023 2024 

7 ........................ 49 CFR parts 571.111 through 571.129 and 580 through 588 ............................................... 2024 2025 

8 ........................ 49 parts CFR 571.201 through 571.212 .................................................................................. 2025 2026 

9 ........................ 49 parts CFR 571.214 through 571.219, except 571.217 ....................................................... 2026 2027 

Years 1 and 2 (Fall 2019 and 2020) List 

of Rules With Ongoing Analysis 

49 CFR part 571.223—Rear Impact 

Guards 

49 CFR part 571.224—Rear Impact 

Protection 

49 CFR part 571.225—Child Restraint 

Anchorage Systems 

49 CFR part 571.226—Ejection 

Mitigation 

49 CFR part 571.301—Fuel System 

Integrity 

49 CFR part 571.302—Flammability of 

Interior Materials 

49 CFR part 571.303—Fuel System 

Integrity of Compressed Natural Gas 

Vehicles 

49 CFR part 571.304—Compressed 

Natural Gas Fuel Container Integrity 

49 CFR part 571.305—Electric-Powered 

Vehicles: Electrolyte Spillage and 

Electrical Shock Protection 

49 CFR part 571.401—Interior Trunk 

Release 

49 CFR part 571.403—Platform Lift 

Systems for Motor Vehicles 

49 CFR part 571.404—Platform Lift 

Installations in Motor Vehicles 

49 CFR part 571.500—Low-Speed 

Vehicles 

49 CFR part 575—Consumer 

Information 

49 CFR part 579—Reporting of 

Information and Communications 

About Potential Defects 

23 CFR part 1200—Uniform Procedures 

for State Highway Safety Grant 

Programs 

23 CFR part 1300—Uniform Procedures 

for State Highway Safety Grant 

Programs 

Federal Railroad Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 200, 207, 209, and 210 ..................................................................................... 2018 2019 

2 ........................ 49 CFR parts 211, 212, 213, 214, and 215 ............................................................................. 2019 2020 

3 ........................ 49 CFR parts 216, 217, 218, 219, and 220 ............................................................................. 2020 2021 

4 ........................ 49 CFR parts 221, 222, 223, 224, and 225 ............................................................................. 2021 2022 

5 ........................ 49 CFR parts 227, 228, 229, 230, and 231 ............................................................................. 2022 2023 

6 ........................ 49 CFR parts 232, 233, 234, 235, and 236 ............................................................................. 2023 2024 

7 ........................ 49 CFR parts 237, 238, 249, 240, and 241 ............................................................................. 2024 2025 


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Year Regulations to be reviewed Analysis year Review year 

8 ........................ 49 CFR parts 242, 243, 244, 250, and 256 ............................................................................. 2025 2026 

9 ........................ 49 CFR parts 261, 262, 264, 266, and 268 ............................................................................. 2026 2027 

10 ...................... 49 CFR parts 269, 270, and 272 ............................................................................................. 2027 2028 

Year 2 (Fall 2019) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 211—Rules of Practice 

D Section 610: There is no 

SEIOSNOSE. 

D General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FRA’s plain 

language review of this rule indicates no 

need for substantial revision. 

49 CFR Part 212—State Safety 

Participation Regulations 

D Section 610: There is no 

SEIOSNOSE. 

D General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FRA’s plain 

language review of this rule indicates no 

need for substantial revision. 

49 CFR Part 213—Track Safety 

Standards 

• Section 610: This rule is expected 

to have a significant economic impact 

on a substantial number of small entities 

(SEIOSNOSE). These small entities are 

approximately 737 short line railroads. 

As part of the rulemaking process, FRA 

conducted a review of the impact that 

this rulemaking could have on small 

businesses and whether any 

opportunities may exist to reduce the 

burdens on small railroads without 

compromising safety. 

D General: The rule prescribes 

minimum safety requirements for 

railroad track that is part of the general 

railroad system of transportation. The 

objective of the rule is to enhance the 

safety of rail transportation, protecting 

both those traveling and working on the 

system and those off the system who 

might be adversely affected by a rail 

incident. FRA’s plain language review 

of this rule indicates no need for 

substantial revision. 

49 CFR Part 214—Railroad Workplace 

Safety 

D Section 610: There is a SEIOSNOSE. 

As part of the rulemaking process, FRA 

conducted a review of the impact that 

this rulemaking could have on small 

businesses and whether any 

opportunities may exist to reduce the 

burdens on small railroads without 

compromising safety. 

D General: FRA’s plain language 

review of this rule indicates no need for 

substantial revision. 

49 CFR Part 215—Railroad Freight Car 

Safety Standards 

D Section 610: There is a SEIOSNOSE. 

D General: No changes are needed. 

This rule already limits economic 

impact on small entities through 

Appendix D of the rule. FRA’s plain 

language review of this rule indicates no 

need for substantial revision. 

Federal Transit Administration 

Section 610 and Other Reviews 

The Regulatory Flexibility Act of 1980 

(RFA), as amended (sections 601 

through 612 of title 5, United States 

Code), requires Federal regulatory 

agencies to analyze all proposed and 

final rules to determine their economic 

impact on small entities, which include 

small businesses, organizations, and 

governmental jurisdictions. Section 610 

requires government agencies to 

periodically review all regulations that 

will have a significant economic impact 

on a substantial number of small entities 

(SEISNOSE). 

In complying with this section, the 

Federal Transit Administration (FTA) 

has elected to use the two-step, two-year 

process used by most Department of 

Transportation (DOT) modes. As such, 

FTA has divided its rules into 10 groups 

as displayed in the table below. During 

the analysis year, the listed rules will be 

analyzed to identify those with a 

SEISNOSE. During the review year, each 

rule identified in the analysis year as 

having a SEISNOSE will be reviewed in 

accordance with section 610(b) to 

determine if it should be continued 

without change or changed to minimize 

the impact on small entities. 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 604, 605, and 624 ............................................................................................. 2018 2019 

2 ........................ 49 CFR parts 609 and 640 ....................................................................................................... 2019 2020 

3 ........................ 49 CFR part 633 ....................................................................................................................... 2020 2021 

4 ........................ 49 CFR part 611 ....................................................................................................................... 2021 2022 

5 ........................ 49 CFR part 655 ....................................................................................................................... 2022 2023 

6 ........................ 49 CFR parts 602 and 614 ....................................................................................................... 2023 2024 

7 ........................ 49 CFR parts 661 and 663 ....................................................................................................... 2024 2025 

8 ........................ 49 CFR parts 625, 630, and 665 ............................................................................................. 2025 2026 

9 ........................ 49 CFR parts 613, 622, 670 and 674 ...................................................................................... 2026 2027 

10 ...................... 49 CFR parts 650, 672 and 673 .............................................................................................. 2027 2028 

Year 2 (2019) List of Rules Analyzed 

and Summary of Results 

49 CFR Part 609—Transportation for 

Elderly and Handicapped Persons 

• Section 610: FTA conducted a 

section 610 review of 49 CFR part 609 

and determined that it would not result 

in a SEISNOSE within the meaning of 

the RFA. The rule ensures that 

applicants for financial assistance under 

section 5307 of title 49, United States 

Code, as a condition of receiving such 

assistance, provide half-fares for elderly 

and handicapped persons during nonpeak hours for transportation utilizing 

or involving the facilities and 

equipment of the project financed with 

FTA assistance. 

• General: No changes are needed. 

FTA estimated the costs and projected 

benefits of the rule and believes it is 

cost-effective and imposes the least 

burden. FTA’s plain language review of 

this rule indicates no need for 

substantial revision. 

49 CFR Part 640—Credit Assistance for 

Surface Transportation Projects 

• Section 610: FTA conducted a 

section 610 review of 49 CFR part 640 

and determined that it would not result 

in a SEISNOSE within the meaning of 

the RFA. The regulation is a crossreference to the Department of 

Transportation’s Credit Assistance for 


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Surface Transportation Projects 

regulation at 49 CFR part 80. FTA does 

not own the cross-referenced regulation 

and, accordingly, cannot make changes 

or determine whether it is a SEISNOSE 

within the meaning of the RFA. 

• General: No changes are needed. 

The regulation is a cross-reference to a 

DOT regulation. 

Year 3 (2020) List of Rules To Be 

Analyzed the Next Year 

49 CFR Part 633—Project Management 

Oversight 

Maritime Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through 

347, and 46 CFR parts 381 and 382.

2018 2019 

2 ........................ 46 CFR parts 221 through 232 ................................................................................................ 2019 2020 

3 ........................ 46 CFR parts 249 through 296 ................................................................................................ 2020 2021 

4 ........................ 46 CFR parts 221, 298, 308, and 309 ..................................................................................... 2021 2022 

5 ........................ 46 CFR parts 307 through 309 ................................................................................................ 2022 2023 

6 ........................ 46 CFR part 310 ....................................................................................................................... 2023 2024 

7 ........................ 46 CFR parts 315 through 340 ................................................................................................ 2024 2025 

8 ........................ 46 CFR parts 345 through 381 ................................................................................................ 2025 2026 

9 ........................ 46 CFR parts 382 through 389 ................................................................................................ 2026 2027 

10 ...................... 46 CFR parts 390 through 393 ................................................................................................ 2027 2028 

Year 1 (2018) List of Rules With 

Ongoing Analysis 

46 CFR part 201—Rules of Practice and 

Procedure 

46 CFR part 202—Procedures relating to 

review by Secretary of 

Transportation of actions by 

Maritime Subsidy Board 

46 CFR part 203—Procedures relating to 

conduct of certain hearings under 

the Merchant Marine Act, 1936, as 

amended 

46 CFR part 205—Audit Appeals; Policy 

and Procedure 

46 CFR part 315—Agency Agreements 

and Appointment of Agents 

46 CFR part 317—Bonding of Ship’s 

Personnel 

46 CFR part 324—Procedural Rules for 

Financial Transactions Under 

Agency Agreements 

46 CFR part 325—Procedure to Be 

Followed by General Agents in 

Preparation of Invoices and 

Payment of Compensation Pursuant 

to Provisions of NSA Order No. 47 

46 CFR part 326—Marine Protection and 

Indemnity Insurance Under 

Agreements with Agents 

46 CFR part 327—Seamen’s Claims; 

Administrative Action and 

Litigation 

46 CFR part 328—Slop Chests 

46 CFR part 329—Voyage Data 

46 CFR part 330—Launch Services 

46 CFR part 332—Repatriation of 

Seamen 

46 CFR part 335—Authority and 

Responsibility of General Agents to 

Undertake Emergency Repairs in 

Foreign Ports 

46 CFR part 336—Authority and 

Responsibility of General Agents to 

Undertake in Continental United 

States Ports Voyage Repairs and 

Service Equipment of Vessels 

Operated for the Account of The 

National Shipping Authority Under 

General Agency Agreement 

46 CFR part 337—General Agent’s 

Responsibility in Connection with 

Foreign Repair Custom’s Entries 

46 CFR part 338—Procedure for 

Accomplishment of Vessel Repairs 

Under National Shipping Authority 

Master Lump Sum Repair 

Contract—NSA-Lumpsumrep 

46 CFR part 339—Procedure for 

Accomplishment of Ship Repairs 

Under National Shipping Authority 

Individual Contract for Minor 

Repairs—NSA-Workmanship 

46 CFR part 340—Priority Use and 

Allocation of Shipping Services, 

Containers and Chassis, and Port 

Facilities and Services for National 

Security and National Defense 

Related Operations 

46 CFR part 345—Restrictions Upon the 

Transfer or Change in Use or In 

Terms Governing Utilization of Port 

Facilities 

46 CFR part 346—Federal Port 

Controllers 

46 CFR part 347—Operating Contract 

46 CFR part 381—Cargo Preference— 

U.S.-Flag Vessels 

46 CFR part 382—Determination of Fair 

and Reasonable Rates for the 

Carriage of Bulk and Packaged 

Preference Cargoes on U.S.-Flag 

Commercial Vessels 

Year 1 (2018) List of Rules Analyzed 

and a Summary of Results 

46 CFR Part 204—Claims Against the 

Maritime Administration Under the 

Federal Tort Claims Act 

• Section 610: There is no 

SEIOSNOSE. 

• General: The purpose of this rule is 

to prescribe the requirements and 

procedures for administrative claims 

against the United States involving the 

Maritime Administration under the 

Federal Tort Claims Act. The agency has 

determined that the rule is cost-effective 

and imposes the least possible burden 

on small entities. MARAD’s plain 

language review of this rule indicates no 

need of substantial revision. 

Year 2 (2019) List of Rules Analyzed 

and a Summary of Results 

46 CFR Part 221 Regulated Transactions 

Involving Documented Vessels and 

Other Maritime Interests 

• Section 610: There is no 

SEIOSNOSE. 

• General: The purpose of this rule is 

to govern practice and procedure in 

regulating interest in or control of 

Documented Vessels owned by Citizens 

of the United States to Noncitizens and 

transactions involving certain maritime 

interests in time of war or national 

emergency. The agency has determined 

that the rule is cost-effective and 

imposes the least possible burden on 

small entities. MARAD’s plain language 

review of this rule indicates no need of 

substantial revision. 

46 CFR Part 232 Uniform Financial 

Reporting Requirements 

• Section 610: There is no 

SEIOSNOSE. 

• General: The purpose of this rule is 

to govern practice and procedure to all 

participants in financial assistance 

programs administered by the Maritime 

Administration. The agency has 

determined that the rule is cost-effective 

and imposes the least possible burden 

on small entities. MARAD’s plain 

language review of this rule indicates no 

need of substantial revision. 


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Year 3 (2020) List of Rules That Will Be 

Analyzed During This Year 

46 CFR part 249—Approval of 

Underwriters for Marine Hull 

Insurance 

46 CFR part 272—Requirements and 

Procedures for Conducting 

Condition Surveys and 

Administering Maintenance and 

Repair Subsidy 

46 CFR part 277—Domestic and Foreign 

Trade; Interpretations 

46 CFR part 287—Establishment of 

Construction Reserve Funds 

46 CFR part 289—Insurance of 

Construction-Differential Subsidy 

Vessels, Operating-Differential 

Subsidy Vessels and of Vessels Sold 

or Adjusted Under the Merchant 

Ship Sales Act of 1946 

46 CFR part 295—Maritime Security 

Program 

46 CFR part 296—Maritime Security 

Program 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR part 178 ....................................................................................................................... 2018 2019 

2 ........................ 49 CFR parts 178 through 180 ................................................................................................ 2019 2020 

3 ........................ 49 CFR parts 172 and 175 ....................................................................................................... 2020 2021 

4 ........................ 49 CFR part 171, sections 171.15 and 171.16 ........................................................................ 2021 2022 

5 ........................ 49 CFR parts 106, 107, 171, 190, and 195 ............................................................................. 2022 2023 

6 ........................ 49 CFR parts 174, 177, and 199 ............................................................................................. 2023 2024 

7 ........................ 49 CFR parts 176, 191 and 192 .............................................................................................. 2024 2025 

8 ........................ 49 CFR parts 172 and 178 ....................................................................................................... 2025 2026 

9 ........................ 49 CFR parts 172, 173, 174, 176, 177, and 193 ..................................................................... 2026 2027 

10 ...................... 49 CFR parts 173 and 194 ....................................................................................................... 2027 2028 

Year 2 (Fall 2020) List of Rules 

Analyzed and a Summary of Results 

• 49 CFR part 178—Specifications for 

Packaging 

• 49 CFR part 179—Specifications for 

Tank Cars 

• 49 CFR part 180—Continuing 

Qualification and Maintenance of 

Packaging 

Section 610: PHMSA Conducted a 

Review of These Parts and Found no 

SEISNOSE 

• General: PHMSA has reviewed 

these parts and found that while these 

parts do not have SEISNOSE, they could 

be streamlined to reflect new 

technologies and potentially enhance 

safety. As such, PHMSA has continued 

developing multiple rulemakings to 

reduce possible compliance burdens of 

parts 178, 179, and 180. Further, 

PHMSA’s plain language review of these 

parts indicates no need for substantial 

revision. Where confusing or ambiguous 

language has been identified, PHMSA 

plans to propose or finalize revisions by 

way of rulemakings. 

As an example, the ‘‘Hazardous 

Materials: Modal Regulatory Reforms 

Initiatives’’ (2137–AF41) rulemaking 

action is part of PHMSA’s response to 

clarify current regulatory requirements 

and address public comments. This 

rulemaking also proposes to address a 

variety of petitions for rulemaking, 

specific to modal stakeholders, and 

other issues identified by PHMSA 

during its regulatory review. The impact 

that the 2137–AF41 rulemaking will 

have on small entities is not expected to 

be significant. The rulemaking is based 

on PHMSA’s initiatives and 

correspondence with the regulated 

community, as well as PHMSA’s 

consultation with its modal partners, 

including FMCSA, FRA, and the United 

States Coast Guard (USCG). The 

proposed amendments are expected to 

result in an overall net cost savings and 

ease the regulatory compliance burden 

for small entities, shippers, carriers, 

manufacturers, and requalifiers, 

specifically those modal-specific 

packaging and requalification 

requirements. This rulemaking is one 

example of PHMSA’s review of 

rulemakings which ensures that our 

rules do not have a significant economic 

impact on a substantial number of small 

entities. 

For a second example, the 

‘‘Hazardous Materials: Harmonization 

With International Standards’’ (2137– 

AF46) rulemaking action is part of 

PHMSA’s ongoing biennial process to 

harmonize the Hazardous Materials 

Regulations (HMR) with international 

regulations and standards. Federal law 

and policy strongly favor the 

harmonization of domestic and 

international standards for hazardous 

materials transportation. The Federal 

hazardous materials transportation law 

(Federal hazmat law; 49 U.S.C. 5101 et 

seq.) directs PHMSA to participate in 

relevant international standard-setting 

bodies and promotes consistency of the 

HMR with international transport 

standards to the extent practicable. 

Federal hazardous materials law permits 

PHMSA to depart from international 

standards where appropriate, including 

to promote safety or other overriding 

public interests. However, Federal 

hazardous materials law otherwise 

encourages domestic and international 

harmonization (see 49 U.S.C. 5120). 

Harmonization facilitates international 

trade by minimizing the costs and other 

burdens of complying with multiple or 

inconsistent safety requirements for 

transportation of hazardous materials. 

Safety is enhanced by creating a 

uniform framework for compliance, and 

as the volume of hazardous materials 

transported in international commerce 

continues to grow, harmonization 

becomes increasingly important. The 

impact that the 2137–AF46 rulemaking 

will have on small entities is not 

expected to be significant. The 

rulemaking will clarify provisions based 

on PHMSA’s initiatives and 

correspondence with the regulated 

community and domestic and 

international stakeholders. The changes 

are generally intended to provide relief 

and, as a result, positive economic 

benefits to shippers, carriers, and 

packaging manufacturers and testers, 

including small entities. This 

rulemaking is expected to lead to both 

economic and safety benefits. The 

amendments are expected to result in 

net cost for shippers engaged in 

domestic and international commerce, 

including trans-border shipments 

within North America. Additionally, the 

effective changes of this rulemaking will 

relieve U.S. companies, including small 

entities competing in foreign markets, 

from the burden of complying with a 

dual system of regulations. This 

rulemaking is a second example of 

PHMSA’s review of rulemakings which 

helps ensure that the HMR do not have 

a significant economic impact on a 

substantial number of small entities. 


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Year 3 (Fall 2021) List of Rules That 

Will Be Analyzed During the Next Year 

49 CFR part 172—Hazardous Materials 

Table, Special Provisions, 

Hazardous Materials 

Communications, Emergency 

Response Information, Training 

Requirements, and Security Plans 

49 CFR part 175—Carriage by Aircraft 

Great Lakes Saint Lawrence Seaway 

Development Corporation 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis 

year 

Review 

year 

1 ........................ * 33 CFR parts 401 through 403 .............................................................................................. 2018 2019 

* The review for these regulations is recurring each year of the 10-year review cycle (currently 2018 through 2027). 

Year 1 (Fall 2018) List of Rules That 

Will Be Analyzed During the Next Year 

33 CFR part 401—Seaway Regulations 

and Rules 

33 CFR part 402—Tariff of Tolls 

33 CFR part 403—Rules of Procedure of 

the Joint Tolls Review Board 

OFFICE OF THE SECRETARY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

163 .................... + Air Transportation Consumer Protection Requirements for Ticket Agents (Section 610 Review) ............. 2105–AE57 

+ DOT-designated significant regulation. 

OFFICE OF THE SECRETARY—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

164 .................... + Defining Unfair or Deceptive Practices ......................................................................................................... 2105–AE72 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

165 .................... + Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Commuter or On-Demand Operations (FAA Reauthorization).2120–AK26 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

166 .................... + Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 

States.

2120–AK09 

167 .................... Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable 

Energy Projects (Section 610 Review).

2120–AK77 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

168 .................... + Airport Safety Management System ............................................................................................................. 2120–AJ38 

169 .................... + Pilot Records Database (HR 5900) ............................................................................................................... 2120–AK31 

170 .................... + Registration and Marking Requirements for Small Unmanned Aircraft ........................................................ 2120–AK82 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

171 .................... + Regulation Of Flight Operations Conducted By Alaska Guide Pilots ........................................................... 2120–AJ78 


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FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS—Continued 

Sequence No. Title Regulation 

Identifier No. 

172 .................... + Aircraft Registration and Airmen Certification Fees ...................................................................................... 2120–AK37 

173 .................... + Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) .. 2120–AK57 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

174 .................... + Operations of Small Unmanned Aircraft Systems Over People ................................................................... 2120–AK85 

175 .................... + Remote Identification of Unmanned Aircraft ................................................................................................. 2120–AL31 

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

176 .................... Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial 

Driver’s License (Section 610 Review).

2126–AC11 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

177 .................... + Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in 

the United States.

2126–AA35 

+ DOT-designated significant regulation. 

FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

178 .................... + Train Crew Staffing ....................................................................................................................................... 2130–AC88 

+ DOT-designated significant regulation. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

179 .................... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a 

Section 610 Review).

2135–AA49 

180 .................... + Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ........................................................ 2135–AA50 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

181 .................... + Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture 

Detection Standards.

2137–AF06 

182 .................... + Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA 

Reauthorization Act of 2018).

2137–AF20 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

183 .................... + Pipeline Safety: Gas Pipeline Leak Detection and Repair ........................................................................... 2137–AF51 


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41260 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—LONG-TERM ACTIONS—Continued 

Sequence No. Title Regulation 

Identifier No. 

184 .................... + Pipeline Safety: Pipeline Operational Status ................................................................................................ 2137–AF52 

185 .................... + Pipeline Safety: Safety of Gas Distribution Pipelines ................................................................................... 2137–AF53 

+ DOT-designated significant regulation. 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Long-Term Actions 

163. +Air Transportation Consumer 

Protection Requirements for Ticket 

Agents (Section 610 Review) 

Legal Authority: 49 U.S.C. 41712; 

FAA Reauthorization Act of 2018, Sec. 

427 

Abstract: This rulemaking would 

address a number of proposals to 

enhance protections for air travelers and 

to improve the air travel environment. 

Specifically, this rulemaking would 

enhance airline passenger protections 

by addressing whether to codify in 

regulation a definition of the term 

‘‘ticket agent.’’ The rulemaking would 

also consider whether to require large 

travel agents to adopt minimum 

customer service standards and prohibit 

the unfair and deceptive practice of 

post-purchase price increases. These 

issues, previously part of a rulemaking 

known as Airline Pricing Transparency 

and Other Consumer Protection Issues, 

(2105–AE11) have been separated into 

this proceeding. 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Blane A. Workie, 

Assistant General Counsel, Department 

of Transportation, Office of the 

Secretary, 1200 New Jersey Avenue SE, 

Washington, DC 20590, Phone: 202– 

366–9342, Fax: 202–366–7153, Email: 

blane.workie@ost.dot.gov. 

RIN: 2105–AE57 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Completed Actions 

164. +Defining Unfair or Deceptive 

Practices 

Legal Authority: 49 U.S.C. 41712 

Abstract: This rulemaking defines the 

phrase ‘‘unfair or deceptive practice’’ 

found in the Department’s aviation 

consumer protection statute. The 

Department’s statute is modeled after a 

similar statute granting the Federal 

Trade Commission (FTC) the authority 

to regulate unfair or deceptive practices. 

Using the FTC’s policy statements as a 

guide, the Department has found a 

practice to be unfair if it causes or is 

likely to cause substantial harm, the 

harm cannot reasonably be avoided, and 

the harm is not outweighed by any 

countervailing benefits to consumers or 

to competition. Likewise, the 

Department has found a practice to be 

deceptive if it misleads or is likely to 

mislead a consumer acting reasonably 

under the circumstances with respect to 

a material issue (one that is likely to 

affect the consumer’s decision with 

regard to a product or service). This 

rulemaking would codify the 

Department’s existing interpretation of 

‘‘unfair or deceptive practice,’’ and seek 

comment on any whether changes are 

needed. The rulemaking also requires 

the Department to articulate in future 

enforcement orders the basis for 

concluding that a practice is unfair or 

deceptive where no existing regulation 

governs the practice in question, state 

the basis for its conclusion that a 

practice is unfair or deceptive when it 

issues discretionary aviation consumer 

protection regulations, and apply formal 

hearing procedures for discretionary 

aviation consumer protection 

rulemakings. In addition, this 

rulemaking codifies the longstanding 

practice of the Department to offer 

airlines and ticket agents the 

opportunity to be heard and present 

relevant evidence before any 

determination is made on how to 

resolve a matter involving a potential 

unfair or deceptive practice. 

Timetable: 

Action Date FR Cite 

Final Action/2 ...... 12/07/20 85 FR 78707 

Final Action Effective.01/06/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A. Workie, 

Assistant General Counsel, Department 

of Transportation, Office of the 

Secretary, 1200 New Jersey Avenue SE, 

Washington, DC 20590, Phone: 202– 

366–9342, Fax: 202–366–7153, Email: 

blane.workie@ost.dot.gov. 

RIN: 2105–AE72 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Prerule Stage 

165. +Applying the Flight, Duty, and 

Rest Requirements to Ferry Flights That 

Follow Commuter or On–Demand 

Operations (FAA Reauthorization) 

Legal Authority: 49 U.S.C. 106(f); 49 

U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 

40101; 49 U.S.C. 40102; 49 U.S.C. 

40103; 49 U.S.C. 40113; 49 U.S.C. 

41706; 49 U.S.C. 44105; 49 U.S.C. 

44106; 49 U.S.C. 44111; 49 U.S.C. 44701 

to 44717; 49 U.S.C. 44722; 49 U.S.C. 

44901; 49 U.S.C. 44903; 49 U.S.C. 

44904; 49 U.S.C. 44906; 49 U.S.C. 

44912; 49 U.S.C. 44914; 49 U.S.C. 

44936; 49 U.S.C. 44938; 49 U.S.C. 45101 

to 45105; 49 U.S.C. 46103 

Abstract: This rulemaking would 

require a flightcrew member who is 

employed by an air carrier conducting 

operations under part 135, and who 

accepts an additional assignment for 

flying under part 91 from the air carrier 

or from any other air carrier conducting 

operations under part 121 or 135, to 

apply the period of the additional 

assignment toward any limitation 

applicable to the flightcrew member 

relating to duty periods or flight times 

under part 135. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chester Piolunek, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–3711, Email: 

chester.piolunek@faa.gov. 

RIN: 2120–AK26 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41261 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

166. +Drug and Alcohol Testing of 

Certain Maintenance Provider 

Employees Located Outside of the 

United States 

Legal Authority: 14 CFR; 49 U.S.C. 

106(g); 49 U.S.C. 40113; 49 U.S.C. 

44701; 49 U.S.C. 44702; 49 U.S.C. 

44707; 49 U.S.C. 44709; 49 U.S.C. 44717 

Abstract: This rulemaking would 

require controlled substance testing of 

some employees working in repair 

stations located outside the United 

States. The intended effect is to increase 

participation by companies outside of 

the United States in testing of 

employees who perform safety critical 

functions and testing standards similar 

to those used in the repair stations 

located in the United States. This action 

is necessary to increase the level of 

safety of the flying public. This 

rulemaking is a statutory mandate under 

section 308(d) of the FAA 

Modernization and Reform Act of 2012 

(Public Law 112–95). 

Timetable: 

Action Date FR Cite 

ANPRM ............... 03/17/14 79 FR 14621 

ANPRM Comment 

Period Extended.

05/01/14 79 FR 24631 

ANPRM Comment 

Period End.

05/16/14 

ANPRM Comment 

Period Extended End.

07/17/14 

NPRM .................. 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Julia Brady, Program 

Analyst, Program Policy Branch, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Ave. SW, Washington, 

DC 20591, Phone: 202–267–8083, Email: 

julia.brady@faa.gov. 

RIN: 2120–AK09 

167. Requirements To File Notice of 

Construction of Meteorological 

Evaluation Towers and Other 

Renewable Energy Projects (Section 610 

Review) 

Legal Authority: 49 U.S.C. 40103 

Abstract: This rulemaking would add 

specific requirements for proponents 

who wish to construct meteorological 

evaluation towers at a height of 50 feet 

above ground level (AGL) up to 200 feet 

AGL to file notice of construction with 

the FAA. This rule also requires 

sponsors of wind turbines to provide 

certain specific data when filing notice 

of construction with the FAA. This 

rulemaking is a statutory mandate under 

section 2110 of the FAA Extension, 

Safety, and Security Act of 2016 (Pub. 

L. 114–190). 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/22 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Sheri Edgett–Baron, 

Air Traffic Service, Department of 

Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591, 

Phone: 202 267–9354, Email: 

sheri.edgett-baron@faa.gov. 

RIN: 2120–AK77 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

168. +Airport Safety Management 

System 

Legal Authority: 49 U.S.C. 44706; 49 

U.S.C. 106(g); 49 U.S.C. 40113; 49 

U.S.C. 44701 to 44706; 49 U.S.C. 44709; 

49 U.S.C. 44719 

Abstract: This rulemaking would 

require certain airport certificate holders 

to develop, implement, maintain, and 

adhere to a safety management system 

(SMS) for its aviation related activities. 

An SMS is a formalized approach to 

managing safety by developing an 

organization-wide safety policy, 

developing formal methods of 

identifying hazards, analyzing and 

mitigating risk, developing methods for 

ensuring continuous safety 

improvement, and creating 

organization-wide safety promotion 

strategies. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/07/10 75 FR 62008 

NPRM Comment 

Period Extended.

12/10/10 75 FR 76928 

NPRM Comment 

Period End.

01/05/11 

End of Extended 

Comment Period.

03/07/11 

Second Extension 

of Comment 

Period.

03/07/11 76 FR 12300 

End of Second 

Extended Comment Period.

07/05/11 

Action Date FR Cite 

Second NPRM .... 07/14/16 81 FR 45871 

Second NPRM 

Comment Period End.

09/12/16 

Final Rule ............ 10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Schroeder, 

Office of Airport Safety and Standards, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–4974, Email: 

james.schroeder@faa.gov. 

RIN: 2120–AJ38 

169. +Pilot Records Database (HR 5900) 

Legal Authority: 49 U.S.C. 106(f); 49 

U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 

40103; 49 U.S.C. 40113; 49 U.S.C. 

40119; 49 U.S.C. 40120; 49 U.S.C. 

41706; 49 U.S.C. 44101; 49 U.S.C. 

44111; 49 U.S.C. 44701 to 44705; 49 

U.S.C. 44709 to 44713; 49 U.S.C. 44715 

to 44717; 49 U.S.C. 44722; 49 U.S.C. 

45101 to 45105; 49 U.S.C. 46105; 49 

U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. 

46316; 49 U.S.C. 46504; 49 U.S.C. 

46507; 49 U.S.C. 47122; 49 U.S.C. 

47508; 49 U.S.C. 47528 to 47531 

Abstract: This rulemaking would 

implement a Pilot Records Database as 

required by Public Law 111–216 (Aug. 

1, 2010). Section 203 amends the Pilot 

Records Improvement Act by requiring 

the FAA to create a pilot records 

database that contains various types of 

pilot records. These records would be 

provided by the FAA, air carriers, and 

other persons who employ pilots, and 

used by potential employers prior to 

making hiring decisions. The FAA must 

maintain these records until it receives 

notice that a pilot is deceased. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/30/20 85 FR 17660 

NPRM Comment 

Period End.

06/29/20 

Final Rule ............ 05/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christopher Morris, 

Department of Transportation, Federal 

Aviation Administration, 6500 South 

MacArthur Boulevard, Oklahoma City, 

OK 73169, Phone: 405 954–4646, Email: 

christopher.morris@faa.gov. 

RIN: 2120–AK31 


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41262 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

170. +Registration and Marking 

Requirements for Small Unmanned 

Aircraft 

Legal Authority: 49 U.S.C. 106(f), 49 

U.S.C. 41703, 44101–44106, 44110– 

44113, and 44701 

Abstract: This rulemaking would 

provide an alternative, streamlined and 

simple, web-based aircraft registration 

process for the registration of small 

unmanned aircraft, including small 

unmanned aircraft operated exclusively 

for limited recreational operations, to 

facilitate compliance with the statutory 

requirement that all aircraft register 

prior to operation. It would also provide 

a simpler method for marking small 

unmanned aircraft that is more 

appropriate for these aircraft. This 

action responds to public comments 

received regarding the proposed 

registration process in the Operation 

and Certification of Small Unmanned 

Aircraft notice of proposed rulemaking, 

the request for information regarding 

unmanned aircraft system registration, 

and the recommendations from the 

Unmanned Aircraft System Registration 

Task Force. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/16/15 80 FR 78593 

Interim Final Rule 

Effective.

12/21/15 

OMB approval of 

information collection.

12/21/15 80 FR 79255 

Interim Final Rule 

Comment Period End.

01/15/16 

Final Rule ............ 12/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Bonnie Lefko, 

Department of Transportation, Federal 

Aviation Administration, 6500 South 

MacArthur Boulevard, Registry Building 

26, Room 118, Oklahoma City, OK 

73169, Phone: 405 954–7461, Email: 

bonnie.lefko@faa.gov. 

RIN: 2120–AK82 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Long-Term Actions 

171. +Regulation of Flight Operations 

Conducted by Alaska Guide Pilots 

Legal Authority: 49 U.S.C. 106(g) ; 49 

U.S.C. 1153; 49 U.S.C. 1155; 49 U.S.C. 

40101 to 40103; 49 U.S.C. 40113; 49 

U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. 

44105 to 44016; 49 U.S.C. 44111; 49 

U.S.C. 44701 to 44717; 49 U.S.C. 44722; 

49 U.S.C. 44901; 49 U.S.C. 44903 to 

44904; 49 U.S.C. 44906; 49 U.S.C. 

44912; 49 U.S.C. 44914; 49 U.S.C. 

44936; 49 U.S.C. 44938; 49 U.S.C. 

46103; 49 U.S.C. 46105; 49 U.S.C. 

46306; 49 U.S.C. 46315 to 46316; 49 

U.S.C. 46504; 49 U.S.C. 46506 to 46507; 

49 U.S.C. 47122; 49 U.S.C. 47508; 49 

U.S.C. 47528 to 47531; Articles 12 and 

29 of 61 Statute 1180; P.L. 106–181, Sec. 

732 

Abstract: The rulemaking would 

establish regulations concerning Alaska 

guide pilot operations. The rulemaking 

would implement Congressional 

legislation and establish additional 

safety requirements for the conduct of 

these operations. The intended effect of 

this rulemaking is to enhance the level 

of safety for persons and property 

transported in Alaska guide pilot 

operations. In addition, the rulemaking 

would add a general provision 

applicable to pilots operating under the 

general operating and flight rules 

concerning falsification, reproduction, 

and alteration of applications, logbooks, 

reports, or records. This rulemaking is a 

statutory mandate under section 732 of 

the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century, (Pub. L. 106–181). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeff Smith, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20785, Phone: 202 365–3617, Email: 

jeffrey.smith@faa.gov. 

RIN: 2120–AJ78 

172. +Aircraft Registration and Airmen 

Certification Fees 

Legal Authority: 31 U.S.C. 9701; 4 

U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C. 

106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 

40104; 49 U.S.C. 40105; 49 U.S.C. 

40109; 49 U.S.C. 40113; 49 U.S.C. 

40114; 49 U.S.C. 44101 to 44108; 49 

U.S.C. 44110 to 44113; 49 U.S.C. 44701 

to 44704; 49 U.S.C. 44707; 49 U.S.C. 

44709 to 44711; 49 U.S.C. 44713; 49 

U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C. 

45301; 49 U.S.C. 45302; 49 U.S.C. 

45305; 49 U.S.C. 46104; 49 U.S.C. 

46301; P.L. 108–297, 118 Stat. 1095 

Abstract: This rulemaking would 

establish fees for airman certificates, 

medical certificates, and provision of 

legal opinions pertaining to aircraft 

registration or recordation. This 

rulemaking also would revise existing 

fees for aircraft registration, recording of 

security interests in aircraft or aircraft 

parts, and replacement of an airman 

certificate. This rulemaking addresses 

provisions of the FAA Modernization 

and Reform Act of 2012. This 

rulemaking is intended to recover the 

estimated costs of the various services 

and activities for which fees would be 

established or revised. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Isra Raza, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–8994, Email: 

isra.raza@faa.gov. 

RIN: 2120–AK37 

173. +Helicopter Air Ambulance Pilot 

Training and Operational 

Requirements (HAA II) (FAA 

Reauthorization) 

Legal Authority: 49 U.S.C. 106(f); 49 

U.S.C. 106(g); 49 U.S.C. 40113; 49 

U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 

44702; 49 U.S.C. 44705; 49 U.S.C. 

44709; 49 U.S.C. 44711 to 44713; 49 

U.S.C. 44715 to 44717; 49 U.S.C. 44722; 

49 U.S.C. 44730; 49 U.S.C. 45101 to 

45105 

Abstract: This rulemaking would 

develop training requirements for crew 

resource management, flight risk 

evaluation, and operational control of 

the pilot in command, as well as to 

develop standards for the use of flight 

simulation training devices and lineoriented flight training. Additionally, it 

would establish requirements for the 

use of safety equipment for flight 

crewmembers and flight nurses. These 

changes will aide in the increase in 

aviation safety and increase 

survivability in the event of an accident. 

Without these changes, the Helicopter 

Air Ambulance industry may continue 

to see the unacceptable high rate of 

aircraft accidents. This rulemaking is a 

statutory mandate under section 306(e) 

of the FAA Modernization and Reform 

Act of 2012 (Pub. L. 112–95). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chris Holliday, 

Department of Transportation, Federal 

Aviation Administration, 801 

Pennsylvania Avenue NW, Washington, 

DC 20024, Phone: 202 267–4552, Email: 

chris.holliday@faa.gov. 

RIN: 2120–AK57 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41263 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Completed Actions 

174. +Operations of Small Unmanned 

Aircraft Systems Over People 

Legal Authority: 49 U.S.C. 106(f); 49 

U.S.C. 40101; 49 U.S.C. 40103(b); 49 

U.S.C. 44701(a)(5); Pub. L. 112–95, sec. 

333 

Abstract: This rulemaking would 

address the performance-based 

standards and means-of-compliance for 

operation of small unmanned aircraft 

systems (UAS) over people not directly 

participating in the operation or not 

under a covered structure or inside a 

stationary vehicle that can provide 

reasonable protection from a falling 

small unmanned aircraft. This rule 

would provide relief from certain 

operational restrictions implemented in 

the Operation and Certification of Small 

Unmanned Aircraft Systems final rule 

(RIN 2120–AJ60). 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/13/19 84 FR 3856 

NPRM Comment 

Period End.

04/15/19 

Final Action ......... 01/15/21 86 FR 4314 

Delay of Effective 

and Compliance 

Dates; Withdrawal; Correction.

03/10/21 86 13636 

Final Action ......... 03/10/21 86 FR 13630 

Final Rule Effective.03/16/21 

Delayed the Effective Date.04/06/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Machnik, 

Department of Transportation, Federal 

Aviation Administration, 2300 E Devon, 

Suite 261, Des Plaines, IL 60018, Phone: 

630 488–0090, Email: 

michael.machnik@faa.gov. 

RIN: 2120–AK85 

175. +Remote Identification of 

Unmanned Aircraft 

Legal Authority: 118 Stat. 1095; 126 

Stat. 11; 126 Stat. 75; 130 Stat. 615; 4 

U.S.T. 1830; 49 U.S.C. 106(f); 49 U.S.C. 

106(g); 49 U.S.C. 40101; 49 U.S.C. 

40103; 49 U.S.C. 40103(b); 49 U.S.C. 

40113; 49 U.S.C. 40114; 49 U.S.C. 

40120; 49 U.S.C. 41703; 49 U.S.C. 44101 

to 44108; 49 U.S.C. 44110 to 44113; 49 

U.S.C. 44701; 49 U.S.C. 44701(a)(5); 49 

U.S.C. 44703; 49 U.S.C. 44704; 49 U.S.C. 

44709; 49 U.S.C. 44711 to 44713; 49 

U.S.C. 44715 to 44717; 49 U.S.C. 44722; 

49 U.S.C. 44805; 49 U.S.C. 44809(f); 49 

U.S.C. 45302; 49 U.S.C. 45305; 49 U.S.C. 

46104; 49 U.S.C. 46301; 49 U.S.C. 

46306; 49 U.S.C. 46315; 49 U.S.C. 

46316; 49 U.S.C. 46504; 49 U.S.C. 

46506; 49 U.S.C. 46507; 49 U.S.C. 

47122; 49 U.S.C. 47508; 49 U.S.C. 47528 

to 47531; 49 U.S.C. 47534; 61 Stat. 1180; 

Pub. L. 108–297; Pub. L. 112–95; Pub. 

L. 114–190 

Abstract: This action would require 

the remote identification of unmanned 

aircraft systems. The remote 

identification of unmanned aircraft 

systems in the airspace of the United 

States would address safety, national 

security, and law enforcement concerns 

regarding the further integration of these 

aircraft into the airspace of the United 

States while also enabling greater 

operational capabilities. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/31/19 84 FR 72438 

NPRM Comment 

Period End.

03/02/20 

Final Rule ............ 01/15/21 86 4390 

Delay of Effective 

and Compliance 

Dates.

03/10/21 86 13529 

Effective Date ...... 03/16/21 

Delayed Effective 

Date.

04/21/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ben Walsh, 

Department of Transportation, Federal 

Aviation Administration, 470 L’Enfant 

Plaza, Office 3200, Washington, DC 

20024, Phone: 202–267–8233, Email: 

ben.walsh@faa.gov. 

RIN: 2120–AL31 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Final Rule Stage 

176. Controlled Substances and Alcohol 

Testing: State Driver’s Licensing 

Agency Downgrade of Commercial 

Driver’s License (Section 610 Review) 

Legal Authority: 49 U.S.C. 31136(a); 

49 U.S.C. 31305(a) 

Abstract: FMCSA proposes to prohibit 

State Driver’s Licensing Agencies 

(SDLAs) from issuing, renewing, 

upgrading, or transferring a commercial 

driver’s license (CDL), or commercial 

learner’s permit (CLP), for individuals 

prohibited under current regulations 

from driving a commercial motor 

vehicle (CMV) due to controlled 

substance (drug) and alcohol program 

violations. The CMV driving ban is 

intended to keep these drivers off the 

road until they comply with return-toduty (RTD) requirements. FMCSA also 

seeks comment on alternate proposals 

establishing additional ways that SDLAs 

would use information, obtained 

through the Drug and Alcohol 

Clearinghouse (Clearinghouse), to 

increase compliance with the CMV 

driving prohibition. Further, the Agency 

proposes to revise how reports of actual 

knowledge violations, based on a 

citation for Driving Under the Influence 

(DUI) in a CMV, would be maintained 

in the Clearinghouse. These proposed 

changes would improve highway safety 

by increasing compliance with existing 

drug and alcohol program requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/28/20 85 FR 23670 

NPRM Comment 

Period End.

06/29/20 

Final Rule ............ 06/00/21 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Juan Moya, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, Phone: 202 366– 

4844, Email: juan.moya@dot.gov. 

RIN: 2126–AC11 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Long-Term Actions 

177. +Safety Monitoring System and 

Compliance Initiative for MexicoDomiciled Motor Carriers Operating in 

the United States 

Legal Authority: Pub. L. 107–87, sec. 

350; 49 U.S.C. 113; 49 U.S.C. 31136; 49 

U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 

504; 49 U.S.C. 5113; 49 U.S.C. 

521(b)(5)(A) 

Abstract: This rule would implement 

a safety monitoring system and 

compliance initiative designed to 

evaluate the continuing safety fitness of 

all Mexico-domiciled carriers within 18 

months after receiving a provisional 

Certificate of Registration or provisional 

authority to operate in the United 

States. It also would establish 

suspension and revocation procedures 

for provisional Certificates of 

Registration and operating authority, 

and incorporate criteria to be used by 


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41264 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety 

management controls. The interim rule 

included requirements that were not 

proposed in the NPRM but which are 

necessary to comply with the FY–2002 

DOT Appropriations Act. On January 

16, 2003, the Ninth Circuit Court of 

Appeals remanded this rule, along with 

two other NAFTA-related rules, to the 

agency, requiring a full environmental 

impact statement and an analysis 

required by the Clean Air Act. On June 

7, 2004, the Supreme Court reversed the 

Ninth Circuit and remanded the case, 

holding that FMCSA is not required to 

prepare the environmental documents. 

FMCSA originally planned to publish a 

final rule by November 28, 2003. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/03/01 66 FR 22415 

NPRM Comment 

Period End.

07/02/01 

Interim Final Rule 03/19/02 67 FR 12758 

Interim Final Rule 

Comment Period End.

04/18/02 

Interim Final Rule 

Effective.

05/03/02 

Notice of Intent to 

Prepare an EIS.

08/26/03 68 FR 51322 

EIS Public 

Scoping Meetings.

10/08/03 68 FR 58162 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dolores Macias, 

Acting Division Chief, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–2995, Email: 

dolores.macias@dot.gov. 

RIN: 2126–AA35 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Proposed Rule Stage 

178. • +Train Crew Staffing 

Legal Authority: 49 CFR 1.89(a); 49 

U.S.C. 20103 

Abstract: This rulemaking would 

address the potential safety impact of 

one-person train operations, including 

appropriate measures to mitigate an 

accident’s impact and severity, and the 

patchwork of State laws concerning 

minimum crew staffing requirements. 

This rulemaking would address the 

issue of minimum requirements for the 

size of different train crew staffs, 

depending on the type of operations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amanda Maizel, 

Attorney Adviser, Department of 

Transportation, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 493–8014, Email: 

amanda.maizel@dot.gov. 

RIN: 2130–AC88 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Saint Lawrence Seaway Development 

Corporation (SLSDC) 

Completed Actions 

179. Seaway Regulations and Rules: 

Periodic Update, Various Categories 

(Rulemaking Resulting From a Section 

610 Review) 

Legal Authority: 33 U.S.C. 981 et seq 

Abstract: The Great Lakes St. 

Lawrence Seaway Development 

Corporation (GLS) and the St. Lawrence 

Seaway Management Corporation 

(SLSMC) of Canada, under international 

agreement, jointly publish and presently 

administer the St. Lawrence Seaway 

Regulations and Rules (Practices and 

Procedures in Canada) in their 

respective jurisdictions. Under 

agreement with the SLSMC, the GLS is 

amending the joint regulations by 

updating the Regulations and Rules in 

various categories. The changes update 

the following sections of the Regulations 

and Rules: Interpretations; Condition of 

Vessels; Seaway Navigation; Dangerous 

Cargo; and Schedule II. These changes 

are to clarify existing requirements in 

the regulations. In addition, Congress 

renamed the Saint Lawrence Seaway 

Development Corporation (SLSDC) as 

Great Lakes St. Lawrence Seaway 

Development Corporation (GLS) as part 

of the 2021 Consolidated 

Appropriations Act (section 512 of 

Division AA of Pub. L. 116–260), signed 

into law on December 27, 2020. The 

joint regulations are being amended to 

reflect the name change. 

Timetable: 

Action Date FR Cite 

Final Action ......... 03/23/21 86 FR 15411 

Action Date FR Cite 

Final Action Effective.03/24/21 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Carrie Lavigne, 

Department of Transportation, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Avenue 

SE, Washington, DC 20590, Phone: 315 

764–3231, Email: carrie.mann@dot.gov. 

RIN: 2135–AA49 

180. +Tariff of Tolls (Rulemaking 

Resulting From a Section 610 review) 

Legal Authority: 33 U.S.C. 981 et seq. 

Abstract: The Great Lakes St. 

Lawrence Seaway Development 

Corporation (GLS) and the St. Lawrence 

Seaway Management Corporation 

(SLSMC) of Canada, under international 

agreement, jointly publish and presently 

administer the St. Lawrence Seaway 

Tariff of Tolls in their respective 

jurisdictions. The Tariff sets forth the 

level of tolls assessed on all 

commodities and vessels transiting the 

facilities operated by the GLS and the 

SLSMC. The GLS is revising its 

regulations to reflect the fees and 

charges levied by the SLSMC in Canada 

starting in the 2021 navigation season, 

which are effective only in Canada. An 

amendment to increase the minimum 

charge per lock for those vessels that are 

not pleasure craft or subject in Canada 

to tolls under items 1 and 2 of the Tariff 

for full or partial transit of the Seaway 

will apply in the U.S. In addition, 

Congress renamed the Saint Lawrence 

Seaway Development Corporation 

(SLSDC) as Great Lakes St. Lawrence 

Seaway Development Corporation (GLS) 

as part of the 2021 Consolidated 

Appropriations Act (section 512 of 

Division AA of Pub. L. 116–260), signed 

into law on December 27, 2020. The 

joint regulations are being amended to 

reflect the name change. 

Timetable: 

Action Date FR Cite 

Final Action ......... 03/24/21 86 FR 15585 

Final Action Effective.03/24/21 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Carrie Lavigne, 

Department of Transportation, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Avenue 

SE, Washington, DC 20590, Phone: 315 

764–3231, Email: carrie.mann@dot.gov. 

RIN: 2135–AA50 

BILLING CODE 4910–61–P 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41265 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Final Rule Stage 

181. +Pipeline Safety: Amendments to 

Parts 192 and 195 To Require Valve 

Installation and Minimum Rupture 

Detection Standards 

Legal Authority: 49 U.S.C. 60101 et 

seq. 

Abstract: This rulemaking action 

would revise the Pipeline Safety 

Regulations applicable to most newly 

constructed and entirely replaced 

onshore natural gas transmission and 

hazardous liquid pipelines to improve 

rupture mitigation and shorten pipeline 

segment isolation times. The rulemaking 

action would define ‘‘notification of 

potential rupture’’ and outline certain 

performance standards related to 

rupture identification and pipeline 

segment isolation. This rulemaking 

action also would require specific valve 

maintenance and inspection 

requirements, and 9–1–1 notification 

requirements to help operators achieve 

better rupture response and mitigation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/06/20 85 FR 7162 

NPRM Comment 

Period End.

04/06/20 

Final Rule ............ 10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert Jagger, 

Technical Writer, Department of 

Transportation, Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590, Phone: 202 366–4595, Email: 

robert.jagger@dot.gov. 

RIN: 2137–AF06 

182. +Hazardous Materials: Enhanced 

Safety Provisions for Lithium Batteries 

Transported by Aircraft (FAA 

Reauthorization Act of 2018) 

Legal Authority: 49 U.S.C. 44701; 49 

U.S.C. 5103(b); 49 U.S.C. 5120(b) 

Abstract: This rulemaking amends the 

Hazardous Materials Regulations (HMR) 

to (1) prohibit the transport of lithium 

ion cells and batteries as cargo on 

passenger aircraft; (2) require all lithium 

ion cells and batteries to be shipped at 

not more than a 30 percent state of 

charge on cargo-only aircraft; and (3) 

limit the use of alternative provisions 

for small lithium cell or battery to one 

package per consignment. The 

amendments do not restrict passengers 

or crew members from bringing personal 

items or electronic devices containing 

lithium cells or batteries aboard aircraft, 

or restrict the air transport of lithium 

ion cells or batteries when packed with 

or contained in equipment. To 

accommodate persons in areas 

potentially not serviced daily by cargo 

aircraft, PHMSA provides a limited 

exception for not more than two 

replacement lithium cells or batteries 

specifically used for medical devices to 

be transported by passenger aircraft and 

at a state of charge greater than 30 

percent, under certain conditions and as 

approved by the Associate 

Administrator. This rulemaking is 

necessary to meet the FAA 

Reauthorization Act of 2018, address a 

safety hazard, and harmonize the HMR 

with emergency amendments to the 

2015–2016 edition of the International 

Civil Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/06/19 84 FR 8006 

Interim Final Rule 03/06/19 84 FR 8006 

Interim Final Rule 

Effective.

03/06/19 

Interim Final Rule 

Comment Period End.

05/06/19 

Final Rule ............ 11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Shelby Geller, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–8553, Email: 

shelby.geller@dot.gov. 

RIN: 2137–AF20 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Long-Term Actions 

183. • +Pipeline Safety: Gas Pipeline 

Leak Detection and Repair 

Legal Authority: 49 U.S.C. 60101 et 

seq. 

Abstract: This rulemaking would 

amend the pipeline safety regulations to 

enhance requirements for detecting and 

repairing leaks on new and existing 

natural gas distribution, gas 

transmission, and gas gathering 

pipelines. The proposed rule is 

necessary to respond to a mandate from 

section 113 of the Protecting our 

Infrastructure of Pipelines and 

Enhancing Safety Act of 2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sayler Palabrica, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, District of Columbia, DC 

20590, Phone: 202–366–0559, Email: 

sayler.palabrica@dot.gov. 

RIN: 2137–AF51 

184. • +Pipeline Safety: Pipeline 

Operational Status 

Legal Authority: 49 U.S.C. 60101 et 

seq. 

Abstract: This rulemaking would 

amend the pipeline safety regulations to 

define an idled operational status for 

natural gas and hazardous liquid 

pipelines that are temporarily removed 

from service, set operations and 

maintenance requirements for idled 

pipelines, and establish inspection 

requirements for idled pipelines that are 

returned to service. The proposed rule 

is necessary to respond to a mandate 

from the Protecting our Infrastructure of 

Pipelines and Enhancing Safety Act of 

2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ashlin Bollacker, 

Technical Writer, Department of 

Transportation, Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue SE, District of 

Columbia, DC 20590, Phone: 202–366– 

4203, Email: ashlin.bollacker@dot.gov. 

RIN: 2137–AF52 

185. • +Pipeline Safety: Safety of Gas 

Distribution Pipelines 

Legal Authority: 49 U.S.C. 60101 et 

seq. 


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41266 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

Abstract: This rulemaking would 

amend the pipeline safety regulations to 

enhance the safety requirements for gas 

distribution pipelines. The proposed 

rule is necessary to respond to several 

mandates from Title II of the Protecting 

our Infrastructure of Pipelines and 

Enhancing Safety Act of 2020 (PIPES 

Act of 2020). 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sayler Palabrica, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, District of Columbia, DC 

20590, Phone: 202–366–0559, Email: 

sayler.palabrica@dot.gov. 

RIN: 2137–AF53 

[FR Doc. 2021–14874 Filed 7–29–21; 8:45 am] 

BILLING CODE 4910–60–P 


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